Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 08-New Opinons From TCA
- 05-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
JOYCE JONES, v. NEW YORK UNDERWRITERS INSURANCE COMPANY, Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Robert D. Van de Vuurst William S. Todd Steven H. Trent Todd & Dossett, P. C. Baker, Donelson, Bearman 134 W. Center Street & Caldwell Kingsport, TN 37660 207 Mockingbird Lane P. O. Box 3038 Johnson City, TN 37602 Judge: John K. Byers, Senior Judge First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff alleged injury to her back and neck at work. The trial judge awarded her 15 percent permanent partial disability to the body as a whole. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/JONESJOY.OPN.WP6 LARRY H. MULL, v. TRANSPORT SOUTH, INC., Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Glenn R. Copeland C. Douglas Dooley Copeland & Whittenburg D. Scott Bennett 3505 Brainerd Road Leitner, Warner, Moffitt, Williams Chattanooga, TN 37411 Dooley & Napolitan, PLLC Third Floor, Pioneer Building Chattanooga, TN 37402 Judge: First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employee/plaintiff injured his right arm while working as a truck driver for defendant. The trial judge awarded plaintiff 12 percent disability to the right arm. We find that the evidence preponderates against an award of 12 percent and in favor of an award of 20 percent permanent partial disability to the right arm and we affirm the judgment of the trial court as so modified. URL:http://www.tba.org/tba_files/TSC_WCP/MULLLH.OPN.WP6 STEVE STAFFORD DENNISON, v. MARILYN EDWARDS DENNISON, Court:TCA LARRY HAYES, JR. Boult, Cummings, Conners & Berry 414 Union Street, Suite 1600 P. O. Box 198062 Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLEE MACLIN P. DAVIS, JR. DARWIN A. HINDMAN, III 1700 Nashville City Center 511 Union Street Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANT/APPELLANT Judge:SAMUEL L. LEWIS, JUDGE First Paragraph: This is an appeal by defendant, Marilyn Edwards Dennison, from the trial court's Final Decree of Divorce as amended by the court's order of 20 July 1995. The pertinent facts are as follows. The parties were married in June 1971. Shortly thereafter, they moved to Louisville, Kentucky so that plaintiff, Steve Stafford Dennison, could pursue a job opportunity with the Coca Cola Company. In June 1973, the company transferred plaintiff to Nashville where the parties lived for three years. In 1976, the parties moved again after plaintiff took an advertising job in Kansas City, Missouri. In 1981, plaintiff took a job in Chicago, Illinois and the parties moved to Chicago. URL:http://www.tba.org/tba_files/TCA/DENNISON.OPN.WP6 HELEN E. KING, v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, w/CONCURRING OPINION Court:TCA DAN R. ALEXANDER 2016 8th Avenue, South Nashville, Tennessee 37204 ATTORNEY FOR PLAINTIFF/APPELLANT THE DEPARTMENT OF LAW OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY JAMES L. MURPHY, III Director of Law WM. MICHAEL SAFLEY, Metropolitan Attorney 204 Metropolitan Courthouse Nashville, Tennessee 37201 FOR DEFENDANT/APPELLEE Judge: HENRY F. TODD First Paragraph: Plaintiff, Helen E. King, has appealed from an unsatisfactory non-jury judgment in her suit against the captioned municipality for wrongful discharge. The complaint prayed for judgment for back pay and benefits and reinstatement. URL:http://www.tba.org/tba_files/TCA/KINGHE.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/KINGHE.CON.WP6 DAWN PERKERSON, v. MICHAEL FREDERICK PERKERSON, Court:TCA MIKE W. BINKLEY 150 Third Avenue North Suite 300 Nashville, Tennessee 37201 Attorney for Petitioner/Appellee WHITNEY KEMPER KEMPER & MCLEMORE, P.L.C. 144 Second Avenue North Suite 333 Nashville, Tennessee 37201 Attorney for Respondent/Appellant Judge: BEN H. CANTRELL, JUDGE First Paragraph: The appellant, Michael Perkerson, was convicted by the Circuit Court of Davidson County on four counts of criminal contempt and sentenced to a total of forty days in jail. On appeal he asserts that he did not receive the procedural safeguards required in a criminal proceeding, that he was denied a jury trial, and that the trial judge applied the wrong standard of proof for a finding of guilt. The appellee asserts that this is a frivolous appeal. We affirm the trial court. We also find that this is not a frivolous appeal. URL:http://www.tba.org/tba_files/TCA/PERKERSO.OPN.WP6 SHEILA PROFFITT, v. PRISON HEALTH SERVICES, INC., w/CONCURRING OPINION Court:TCA RONALD W. McNUTT Williams and Dinkins 203 Second Avenue, North Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/APPELLANT CYRUS L. BOOKER Booker & Associates First American Center, Suite 1280 315 Deaderick Street Nashville, Tennessee 37238-1280 ATTORNEY FOR DEFENDANT/APPELLEE Judge: HENRY F. TODD First Paragraph: The captioned Plaintiff has appealed from a summary judgment dismissing her suit for failure of the Defendant to provide needed treatment to Plaintiff. URL:http://www.tba.org/tba_files/TCA/PROFFITT.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/PROFFITT.CON.WP6 MARY SANDERS, v. STEVE SANDERS and JANET SANDERS, Court:TCA JOHN AARON HOLT Jacobs & Holt 311 White Bridge Road Nashville, Tennessee 37209 ATTORNEY FOR PLAINTIFF/APPELLEE WHITNEY KEMPER Kemper & McLemore 144 Second Avenue North Suite 333 Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANTS/APPELLANTS Judge: SAMUEL L. LEWIS, JUDGE First Paragraph: This is an appeal by defendants/appellants, Steve and Janet Sanders, from the trial court's judgment which found they had wrongfully executed on a judgment against plaintiff/appellee, Mary Sanders. The court awarded appellee a judgment against appellants for compensatory damages of $700.87, attorney's fee of $3,750.00, and punitive damages of $5,000.00. URL:http://www.tba.org/tba_files/TCA/SANDERS.OPN.WP6 SHELCO CORPORATION, v. RANDALL BARKER and CARLENA L. BARKER, v. CAMPBELL COUNTY ROAD DEPARTMENT by its Road Supervisor, J.T. LEACH and ARNSTON SHARP, Court:TCA FRANK DOSSETT, LaFollette, for Appellee/Complainant/Counter Defendant. KENNETH R. KRUSHENSKI, LaFollette, for Appellants/Defendants/ Counter-Plaintiffs and Third-Party Plaintiffs. Judge: Franks. J. First Paragraph: This action was precipitated when defendants blocked plaintiff's means of ingress and egress to their property across defendants' land. The issue for the Trial Court was whether the roadway was a public road, and the Trial Judge granted plaintiff's summary judgment, stating: The right-of-way in question is a public road and there is no evidence of an intent to abandon the same by Campbell County, Tennessee, and there is no controversy of material facts in the record. URL:http://www.tba.org/tba_files/TCA/SHELCO.OPN.WP6 STATE OF TENNESSEE, v. RICKY LYNN GOINS, Court:TCCA For the Appellant: For the Appellee Stephen M. Wallace Charles W. Burson District Public Defender Attorney General & Reporter P.O. Box 839 450 James Robertson Parkway Blountville, TN 37617 Nashville, TN 37243-0493 Richard A. Tate Hunt S. Brown Asst. Public Defender Asst. Attorney General P.O. Box 839 450 James Robertson Parkway Blountville, TN 37617 Nashville, TN 37243-0493 Carl K. Kirkpatrick District Attorney General Phyllis Miller Asst. District Attorney General P.O. Box 526 Blountville, TN 37617 David Glenn Overbay Asst. District Attorney General P.O. Box 526 Blountville, TN 37617 Judge: William M. Barker, Judge First Paragraph: The appellant, Ricky Lynn Goins, was convicted of the first degree murder of Kenneth Ray Roberts and the attempted first degree murder of Savonna Sanders. He was sentenced to life imprisonment for the former conviction and to twenty years in the Department of Correction for the latter conviction. The sentences are to be served concurrently. URL:http://www.tba.org/tba_files/TCCA/GOINS.OPN.WP6 STATE OF TENNESSEE, v. JAMES PERRY HYDE, Court:TCCA For the Appellant: For the Appellee: Greg Eichelman Charles W. Burson Public Defender Attorney General and Reporter Russell Mattocks Kimbra R. Spann Asst. Public Defender Assistant Attorney General 1609 College Park Drive Criminal Justice Division Morristown, TN 450 James Robertson Parkway Nashville, TN 37243-0493 C. Berkeley Bell District Attorney General John Dugger Asst. District Attorney General 510 Allison Street Morristown, Tn 37814 Judge: David G. Hayes First Paragraph: The appellant, James Perry Hyde, was convicted by a Hamblen County jury of rape of a child. Tenn. Code Ann. 39-13-522 (1994 Supp.). The jury imposed a fine of fifty thousand dollars, and the trial court sentenced the appellant to twenty-five years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issues: (1) whether the prosecutor engaged in misconduct warranting a mistrial and/or reversal of the appellants conviction; (2) whether the trial court should have suppressed the appellants statements to investigators; (3) whether the trial court should have suppressed the victims statements to examining physicians; (4) whether the evidence adduced at trial is sufficient to sustain the appellants conviction; URL:http://www.tba.org/tba_files/TCCA/HYDEJP.OPN.WP6 STATE OF TENNESSEE, v. DOUGLAS BRIAN IRWIN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Gerald C. Russell Charles W. Burson Attorney at Law Attorney General & Reporter 125 East Broadway Avenue 450 James Robertson Parkway Maryville, TN 37084 Nashville, TN 37243-0497 Hunt S. Brown Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Michael L. Flynn District Attorney General 363 Court Street Maryville, TN 37804-5906 Edward P. Bailey, Jr. Assistant District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge: Joe B. Jones, Presiding Judge First Paragraph: The appellant, Douglas Brian Irwin, entered a plea of guilty to the offense of contributing to the delinquency of a minor, a Class A misdemeanor. The trial court sentenced the appellant to serve eleven months and twenty-nine days in the Blount County Jail. The sentence was suspended, and the appellant was granted immediate probation. The appellant, with the consent of the trial court and the assistant district attorney general, reserved the following certified question: Would the act of this sexual intercourse constitute the offense of contributing to the delinquency of a minor under this indictment number C-7302? The parties agree that this issue is dispositive of the prosecution in this case. URL:http://www.tba.org/tba_files/TCCA/IRWINDB.OPN.WP6 STATE OF TENNESSEE, v. JONATHAN MALADY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MR. ROBERT M. BRANNON, JR. CHARLES W. BURSON Attorney at Law Attorney General and Reporter 295 Washington St., Suite 3 Memphis, TN 38103-1911 HUNT S. BROWN Attorney Generals Office 450 James Robertson Parkway Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General CHARLES BELL Assistant District Attorney Criminal Justice Complex 3rd Floor Memphis, TN 38103 Judge: LYNN W. BROWN, SPECIAL JUDGE First Paragraph: The appellant, Jonathan D. Malady, appeals from an order of the trial court declaring him to be an habitual offender pursuant to the Motor Vehicle Habitual Offender Act, T.C.A. 55-10-601, et. seq. We affirm the judgment of the trial court and remand for the proper entry of judgment. URL:http://www.tba.org/tba_files/TCCA/MALADY.OPN.WP6 GEORGE A. RUFF, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Chris Ralls Charles W. Burson Attorney at Law Attorney General & Reporter 343 High Street 450 James Robertson Parkway Maryville, TN 37804 Nashville, TN 37243-0497 Eugene J. Honea Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Michael L. Flynn District Attorney General 363 Court Street Maryville, TN 37804-5906 Kirk E. Andrews Assistant District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge: Joe B. Jones, Presiding Judge First Paragraph: The appellant, George A. Ruff, appeals as of right from a judgment of the trial court denying his petition for post-conviction relief. The trial court found that the appellant was denied his right to file an application for permission to appeal in the Supreme Court, but it did not have jurisdiction to grant the relief sought. The appellant contends that this Court should vacate its prior judgment and reinstate it so that he can pursue an application for permission to appeal. This Court has made a thorough review of the record, the briefs of the parties, and the authorities governing the issue presented for review. It is the opinion of this Court that the relief sought by the appellant should be granted. URL:http://www.tba.org/tba_files/TCCA/RUFFGEOA.OPN.WP6
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